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HomeMy WebLinkAbout20071153.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROADS 3 AND 1.5 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - DENNY AND KAREN NIELSON WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement Concerning the Purchase of Right-of-Way for Certain Improvements to Weld County Roads 3 and 1.5 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Denny and Karen Nielson, 4313 Weld County Road 3, Erie, Colorado 80516, with terms and conditions being as stated in said agreement, and WHEREAS, after review,the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement Concerning the Purchase of Right-of-Way for Certain Improvements to Weld County Roads 3 and 1.5 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Denny and Karen Nielson be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign any necessary documents. The above and foregoing Resolution was, on motion duly made and seconded,adopted by the following vote on the 23rd day of April, A.D., 2007. BOARD OF COUNTY COMMISSIONERS WELD LINTY, COLORADO Ez ATTEST: : 'r r no f- _off ;vid E. Long, Chair _ Weld County Clerk to the :;=rd ., ilia .prke, P -Tem De ty Cle to the Boar" Wil iam F. Garcia APP V D AS TO EXCUSED Robert D. Masden unty A torney o f Douglas Ra emacher Date of signature: 5`3/07 2007-1153 EG0056 Pa� �L / �L B5-•i0-v'I (esti; MEMORANDUM C. TO: Clerk to the Board DATE: 4/16/2007 COLORADO FROM: Leon Sievers, Right-of-Way Agent SUBJECT: Agenda Item Agreement Concerning Purchase of Right-of-Way for Certain Improvements to WCR 3 and WCR 1.5 with Denny N. Nielson and Karen S.Nielson Enclosures M:\Francie\Agend-Leon.doc a3A13O3+1 93 :3 d LI WV LOO1 S213NOISSIWWOO JJJNfl0O 013M 2007-1153 i$ AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 3 & 1.5 BETWEEN DENNY N. NIELSON AND KAREN S. NIELSON AND WELD COUNTY, COLORADO THIS AGREEMENT is made this 1 day of Ate; I , 2007,by and between DENNY N. NIELSON AND KAREN S. NIELSON whose address is 4313 WCR 3 Erie, Colorado 80516, hereinafter referred to as "Owner", and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 915 10'h Street, Greeley, Colorado 80631 hereinafter referred to as "County." WITNESSETH: WHEREAS, County finds it necessary to rebuild and improve Weld County Road 3 & 1.5, and WHEREAS, Owner owns the property described in the attached Exhibit"A" and hereinafter referred to collectively as "Right-of-Way", and WHEREAS,County needs the Right-of-Way in order to complete said rebuilding and improvement project, and WHEREAS,said rebuilding and improvement project involves the construction and realignment of said roadway, and WHEREAS, Owner wishes to cooperate with County in said road improvement. NOW, THEREFORE, the parties herein agree as fol!ows: 1. Owner agrees to sell and County agrees to purchase the Right-of-Way shown and/or described on Exhibit "A", attached hereto and hereinafter referred to herein as the "Right-of-Way" for the sum of Five Thousand Seven Hundred Thirty Two and no/100($5,732.00)dollars.This consideration is being offered in lieu of condemnation. 2. Owner agrees to grant the Right-of-Way to County by Deed of Dedication, free and clear of all encumbrances,except existing easements. Owner shall retain the mineral estate under the Right of Way,including oil and gas,and shall also retain any water rights currently attached or associated with the Right of Way. AIM 11111111111 IIII 111111 MI ER III IIIII II'I III' 3473768 05/04/2007 12:56P Weld County, CO 1 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder , Page 2 of 3 3. County agrees to pay the costs of title insurance and recording fees, if necessary as determined by County. 4. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees,hereto. This Agreement embodies all agreements between the parties hereto and there are no promises,terms,conditions,or obligations referring to the subject matter whereof other than as contained herein. 5. Although the date of the transfer of the Right-of-Way shall be the date of the delivery of the documents of conveyance, it is expressly agreed by the parties hereto that upon execution of this Agreement by County and Owner,County,its contractors,agents,employees,and all others deemed necessary by County shall have the irrevocable right to possess and use all of the Right-of-Way for the purpose of said rebuilding and improvement project. Date of payment of compensation is the date of delivery of the Deed of Dedication. 6. Owner warrants that he/she is the owner of the Right-of-Way and will defend title thereto against all claims. 7. General taxes for the year 2007 for the Right-of-Way shall be apportioned to the date of delivery of the deed based on the most recent levy and the most recent assessment. Owner represents and warrants that all general taxes levied prior to such year have been paid in full by Owner. 8. County will reimburse the Owner the sum of Two Thousand Seven Hundred Thirty and no/100 ($2,730.00) dollars for the value of trees and fencing being removed due to the new road construction.The trees and fencing being removed are described as all trees and fencing lying within the new road right-of-way. IT IS MUTUALLY AGREED that the terms and conditions of this Agreement shall extend to and be binding upon the heirs,executors,administrators,successors,and assigns of the respective parties hereto. IN WITNESS WHEREOF,the parties have set their hands on the day and year first above written. I Mill 11111 III 1111 BM I'll 1111111 III 11111 IIII III 3473768 05/04/2007 12:56P Weld County, CO 2 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder P.\WLLDCNTY\C404I0A\Nielson\agreement Nielson 3-9-07.doc Page 3 of 3 OWN DENNY N. OWNER: KAREN S. NIELSON sU Karen S. Nielson I A%mow ATTEST: ' %�.,: c 't , BOARD OF COUNTY •i Weld County Clerk to the Cjr ' ,g, (1, ,� , COMMISSIONERS OF WELD Is a;st ` n, , \a COUNTY, STATE OF COLORADO By: ,(1'/ i I kii d � � I � 3 e& E Deput lerk to he Beard David E. Long, Chair APR 2 v 2007 1 111111 11111 MEI /III 1111111111 Wit III 11111 11111111 3473768 05/04/2007 12:56P Weld County, CO 3 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder P:\WELDCNTY\C40#I0A\Nielson\agreement Nielson 3-9-07.doc aim 7—//5 3 EXHIBIT "A" A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, ALSO BEING A PORTION OF LOT B, RECORDED EXEMPTION NO. 1467-O7-4-RE2199, FILED IN THE WELD COUNTY CLERK AND RECORDER'S OFFICE, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARING OF THIS DESCRIPTION IS ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER OF SECTION 7, ASSUMED TO BEAR NO3'O7'O9"W A DISTANCE OF 2729.85 FEET, FROM A 3.5" BRASS CAP FOUND AT THE SOUTHEAST CORNER OF SAID SECTION 7, TO A 3" BRASS CAP FOUND AT THE EAST QUARTER CORNER OF SAID SECTION 7; BEGINNING AT A POINT WHICH BEARS SO2'41 '28"W A DISTANCE OF 936.73 FEET FROM SAID EAST QUARTER CORNER OF SECTION 7; THENCE N89'32'41 "W A DISTANCE OF 14.91 ; THENCE NOO'44'4O"E A DISTANCE OF 49.64 FEET TO A NON-TANGENT CURVE TO THE RIGHT; THENCE ALONG SAID CURVE TO THE RIGHT, AN ARC LENGTH OF 109.43 FEET, HAVING A RADIUS OF 1055.00 FEET, THROUGH A CENTRAL ANGLE OF 05'56'34", AND A CHORD WHICH BEARS NO2'23'41"W A DISTANCE OF 109.38 FEET; THENCE NOO'34'36"E A DISTANCE OF 162.79 FEET; THENCE S89'32'26"E A DISTANCE OF 21 .38 FEET; THENCE SOO'44'4O"W A DISTANCE OF 321 .67 FEET TO THE POINT OF BEGINNING; WHENCE SAID SOUTHEAST CORNER OF SECTION 7 BEARS SO6'O8'18"E A DISTANCE OF 1800.43 FEET; SAID PARCEL CONTAINS 6,242 SQUARE FEET OF LAND, MORE OR LESS. I, THE UNDERSIGNED, A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT THIS EXHIBIT WAS PREPARED BY ME OR UNDER MY SUPERVISION AND IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE. ,,,ree. $1/2, _/, o CHRISTOP'��':' /Pr'a ;►. 31158 DA� FOR AND '+ ' HI* ; •fa�f� : ISION SURVEY & MAPPING, INC. is � .•� •,•JQ ; 1 k\�NAC ANDS I IIIIII VIII IIIIII IIII IIIIII IIII Illllll III VIII IIII IIII 3473768 051041 4 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder SHEET 1 OF 2 07007//5.S EXHIBIT MAP "A" 411 in II m E1/4 COR SEC 7 TIN, R68W, 6TH PM ADDITIONAL n, N (pl N FOUND .3" BRASS CAP RIGHT-OF-WAY I rot ACQUISITION L4 a): I I I J J 1 I a M I / m Vl 00 0 M 10' UNION RURAL I I O Oj ELECTRIC EASEMENT PER 1 0 I:. _J = O BK. 694, REC. NO. 1616328 i > Z a 0 O U oli I -J i p z OWNER: z g E DENNY & KAREN NIELSON / �I a Lg ,,-) REC. NO. 2941466 i m I ,J m N I o_ CV NJ 0 Z I LIEU- !I RIGHT—OF—WAY °' w ACQUISRION AREA ' -' a Ni" ND 6,242 SQ. FT. ± 1 r- CO w J I U N I w In LOT B / '>1 aN n I w U N o RECORDED EXEMPTION in ci o xi NO. 1467-07-4-RE2199 I _J < o I i M <ai Y _ 1 I ct U I I 0 I = -to SE1/4 SEC. 7 co,Nrti ' I (7 0)w T1N, R68W, 6TH P.M. o NI 01 Ni I w I 1 W U J i P U a- 1d POINT OF I0 BEGINNING l o 0 - d LOT 1 L1 Z SE COR SEC 7 milm Cr CC AMENDED RECORDED EXEMPTION SE COR SEC 7 I T1N, R68W, 6TH P.M. �a0 NO. 1467-07-4—RE576 I T1N, R68W, 6TH P.M. FOUND 2.5" ALUM. CAP i'� FOUND 3.5" BRASS CAP NOT ACCEPTED _ ee� =CD I $ — — — =IM C2 0 OWNER: v as 2 CAMMA LOVEI 1.) PARCEL OWNERSHIP IS BASED ON THE RECORDS g -- g REC. NO. 3216392 I OF THE COUNTY ASSESSOR. � i 2.) ACCORDING TO COLORADO LAW, YOU MUST d COMMENCE ANY LEGAL ACTION BASED UPON ANY — vs DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER 04 ��o LINE TABLE YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS moo LINE BEARING DISTANCE SURVEY BE COMMENCED MORE THAN TEN YEARS =`.4 L1 N89'32'41 "W 14.91 ' HEREON.THE DATE OF THE CERTIFICATION SHOWN =ee L2 N00'44'40"E 49.64' 3.) THE ONLY PURPOSE OF THIS EXHIBIT IS TO iii ••••• SHOW THE LOCATION OF THE EASEMENT(S). _� IGINAL o� L3 N00'34'36"E 162.79' 4.) THIS EXHIBIT SHALL BE CONSIDERED NULL AND ��_ L4 $89'3226°E 21 .38' SGNATUREVOID IF IT DAND SEAL OF THEOES NOT BEAR �PROE RFESSIONAL LAND —arm 0, 0- o L5 S00'44'40"W 321 .67' SURVEYOR OR IF ALTERED IN ANY WAY. _t7U, 1�ryry'ryT'yryNNTyryTyNN'' ryV MU NC EXHIBIT MAP "A" IIILM�NI JNIILI ICU K DRN. BY: AR.S. FlLE: WCR 3 WELD COUNTY ROAD 3 CHKD. BY: J.F.L. SHEET: 2 OF 2 DENNY N KAREN NIELSON --Qt 1780 S. Bellaire St., St.. 230 DATE; 10/09/06 Joe /.R6102 SE1/4 SEC. 7, T1 N, R68W, 6TH P.M. Denver, CO 80222 TEL(303)753-9799 FAX:(303)753-4044 SCALE: 1'"�' AREA: 6.242 50. Ff. COUNTY OF WELD, STATE OF COLORADO o?DO 2-//5S tMEMORANDUM 1 C. TO: Clerk to the Board DATE: 7/19/2007 COLORADO FROM: Leon Sievers, Right-of-Way Agent SUBJECT: Consent Agenda Item Deed of Dedication with Denny N. Nielson and Karen S. Nielson The appropriate documentation is attached. M:\Francie W gend-Leon.doc 0 fl c 2::Tr? N (I) l� G r_ D �cz 7(5)1� J Cerced 4Ida, (9oa7 --- 01 16 26%—7 A:ci /, _ EC t05(p 481 DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that DENNY N. NIELSON AND KAREN S.NIELSON,whose address is 4313 WCR 3 Erie,Colorado 80516,being all of the owners of certain property in Weld County, Colorado, which is described in the attached Exhibit "A", do(es) hereby dedicate forever said property as parts of a public highway, pursuant to Colorado Revised Statute 43-2-201(1)(a), free and clear of all liens and encumbrances, except existing easements, and warrants title to the same. EXCEPT RESERVING UNTO OWNERS the mineral estate under the Right of Way, including oil,gas and any and all water rights currently attached or associated with the Right of Way. OSIER: DEN d N IELSON AND KAREN S. NIELSON Denny . e on Karen S. Nielson STATE OF COLORADO ) ) ss. COUNTY OF WELD- ) 1 eso. The foregoing instrument was acknowledged before me this o�O day of _75- , 2051, by Denny N.Nielson and Karen S. Nielson. Wi ness my hand and o icial seal. r �o(. ,.... Bpi it {SEAL} ,•O i Not Public f ' s, KASONDRA F. i L� LE0Pc!?�1 �,-mac/ v My commission expires: /a - a3" a(�b / l •� '� 0FCCr-� 111111111111111111 IIII' 11111 IIII 1111111 III IIIII IIII IIII 3493481 07/30/2007 02:07P Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 1 ACCEPTANCE The County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners,hereby accepts the above dedication of property as Public Rights-of-Way or a Public Highway, pursuant to Colorado Revised Statute 43-2- 201(1)(a). lz Dated this d/5- day of %u/y , 20 05 . ATTEST: 4.14O COUNTY OF WELD, A BODY CLERK TO THE BOARD OF de!'7".7•N CORPORATE AND POLITIC OF THE COUNTY COMMISSIONER Op •C / A‘ STATE OF COLORADO THE COUNTY OF WELD I `A{ I MI h. A f111\\,1r RI 1. Vii ,, I BY: te,�'�U �J %4!r �, BY: Deputy Clerk to the Board /1 David E. Long, Chair, BO RD OF COUNTY COMMISSIO RS OF THE COUNTY OF WEL JUL 2 5 2007 STATE OF COLORADO ) ) ss. COUNTY OF WELD ) r The foregoing instrument was acknowledged before me thisaj day of %ic/y 20O2,by„9,ap d S,LD/ Chair,BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. / Witness my hand and off ial seal. '•' ""' •• �a•PJ•Bf cy( I oi NOTARY vp Notary Publ. : "�— i '=_ •,PUBLIC 4 ,1 My commission expires: My Commission Expi esAprn 10,2032 1111111 IIIII Mill IIIII III 3493481 07/30/2007 02:07P Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder dg97//S3 EXHIBIT MAP "A" I i4-ii-0 ti' m E1/4 COR SEC 7 LOT A 1 n n T1N, R68W, 6TH PM ADDITIONAL gii w FOUND 3" BRASS CAP RIGHT-OF-WAY f m, ACQUISITION L4 I %,/.7 '' ZM aF- Iz n w10' UNION RURAL I CL' 00 U m @ ELECTRIC EASEMENT PER // \il, I 0 w k ± BK. 694, REC. NO. 1616328 %� 3 U U I o � 0 0 OWNER: J/, aI ! v DENNY & KAREN NIELSON (l - REC. NO. 2941466 j ml w m N / w i Z Q U Z N : Q RIGHT-OF-WAY - m ACQUISRION AREA / m cc n 6,242 SQ. FT. ± Lo I -110 W in ' W W N NI in > , < w D LOT B X/ W I a 0 RECORDED EXEMPTION zl 6 ? LO o NO. 1467-07-4-RE2199 M w ''0• cc - Y m I 0 F 1.T SE1/4 SEC. 7 j �'I 3 Z OT W o T1 N, R68W, 6TH P.M. -' I J o' al I w , ce 0 V J j 1 D 0 //,BEGINNING II o o LOT 1 L1 Z SE COR SEC 7 AMENDED RECORDED EXEMPTION SE COR SEC 7 I TIN, R68W, 6TH P.M. NC. 1467-07-'4--RE576 TIN. R68W, 6TH P.M. I FOUND 2.5" ALUM. CAP FOUNJ 3.5" BRASS CAP NOT ACCEPTED OWNER: GAMMA LOVE I 1.) PARCEL OWNERSHIP IS BASED ON THE RECORDS REC. NO. 3216392 OF THE COUNTY ASSESSOR. I 2.) ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTON BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH LINE TABLE MAY ANY ACTION BASED UDEFECT. ANY DEFECT IN THIS LINE BEARING DISTANCE SURVEY BE COMMENCED MORE THAN TEN YEARS AFTER THE DATE OF THE CERTIFICATION SHOWN L1 N89'32'41'W 14.91' HEREON. L2 NOO'44'40"E 49.64' 3.) THE ONLY PURPOSE OF THIS EXHIBIT IS TO SHOW THE LOCATION OF THE EASEMENT(S). L3 NO0'34'36"E 162.79' 4.) THIS EXHIBIT SHALL BE CONSIDERED NULL AND L4 589.32'26"E 21.38' VOID IF IT DOES NOT BEAR THE ORIGINAL SIGNATURE AND SEAL OF THE PROFESSIONAL LAND L5 SOO'44'40"W 321.67' SURVEYOR OR IF ALTERED IN ANY WAY. EXHIBIT MAP "A" ..-L IY"rynnl AMN IIr,NIIflIA ma Imam w. I.R.S. I, F. WCR 3 WELD COUNTY ROAD 3 111111 1111 111IIIII 'lll"II'.IIII'11 III 11111 111III /6R6102242 SD.FT. COUNTY OF WELD? ATE60 COLORADO 3493481 07/30/2007 02:07P Weld County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder • , EXHIBIT "A" A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, ALSO BEING A PORTION OF LOT B, RECORDED EXEMPTION NO. 1467-07-4-RE2199, FILED IN THE WELD COUNTY CLERK AND RECORDER'S OFFICE, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARING OF THIS DESCRIPTION IS ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER OF SECTION 7, ASSUMED TO BEAR NO3'07'09"W A DISTANCE OF 2729.85 FEET, FROM A 3.5" BRASS CAP FOUND AT THE SOUTHEAST CORNER OF SAID SECTION 7, TO A 3" BRASS CAP FOUND AT THE EAST QUARTER CORNER OF SAID SECTION 7; BEGINNING AT A POINT WHICH BEARS 50741'28"W A DISTANCE OF 936.73 FEET FROM SAID EAST QUARTER CORNER OF SECTION 7; THENCE N89'32'41"W A DISTANCE OF 14.91; THENCE NO0'44'40"E A DISTANCE OF 49.64 FEET TO A NON-TANGENT CURVE TO THE RIGHT; THENCE ALONG SAID CURVE TO THE RIGHT, AN ARC LENGTH OF 109.43 FEET, HAVING A RADIUS OF 1055.00 FEET, THROUGH A CENTRAL ANGLE OF 05'56'34", AND A CHORD WHICH BEARS NO2'23'41"W A DISTANCE OF 109.38 FEET; THENCE NO0'34'36"E A DISTANCE OF 162.79 FEET; THENCE 589'32'26"E A DISTANCE OF 21.38 FEET; THENCE S00'44'40"W A DISTANCE OF 321.67 FEET TO THE POINT OF BEGINNING; WHENCE SAID SOUTHEAST CORNER OF SECTION 7 BEARS SO6'08'18"E A DISTANCE OF 1800.43 FEET; SAID PARCEL CONTAINS 6,242 SQUARE FEET OF LAND, MORE OR LESS. I, THE UNDERSIGNED, A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT THIS EXHIBIT WAS PREPARED BY ME OR UNDER MY SUPERVISION AND IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE. CHRISTOP; _ - , :I,. • 7 I' . 31158 DATE FOR AND 5144-- WO; 6'. • ISION SURVEY & MAPPING, INC. IIIIII IIIII IIIIII I'll' IIIII IIII IIIIIII lIl illll IIII IIII SHEET 1 OF 2 3493481 07/30/2007 02:07P Weld County, CO 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Hello